Evidence discussions in curling iron assault case against state official

Monday

Jun 25, 2007 at 12:01 AMJun 25, 2007 at 3:01 PM

It will be at least another month before a trial date is set in the felony assault case against Watertown Town Councilor and Governor's Council member Marilyn Devaney.

By Jillian Fennimore

It will be at least another month before a trial date is set in the felony assault case against Watertown Town Councilor and Governor's Council member Marilyn Devaney.

During pretrial proceedings Monday morning, her attorney, Tim Flaherty, told a Waltham District Court judge there was an “outstanding item” of evidence still to be discussed between both parties.

Flaherty would not elaborate further.

Devaney’s next court date was scheduled for July 24, to conduct “compliance and election.” That’s when all evidence in the case is submitted and a trial (whether with a jury or the judge alone) is set.

The case stems from an alleged April 13 confrontation between Devaney, who is also on the Governor’s Council, and a beauty store clerk. Waltham Police filed a criminal charge against Devaney for allegedly throwing a boxed curling iron at a Sally Beauty Supply clerk in Waltham.

Devaney faces a felony charge of assault and battery with a dangerous weapon. She pleaded not guilty in May to the charge. According to the police report, Devaney grew upset after a clerk refused to clear her check without a driver’s license.

The clerk said Devaney allegedly tried to push her authority as a politician onto her in order to bypass the store’s policy, and reportedly displayed her State House ID badge and Governor’s Councilor plates on her blue PT Cruiser.

Distressed that she was unable to purchase a curling iron, eyeliner and a small bottle of hairspray, the clerk said Devaney threw the bag over the counter, hitting her in the chest.

Devaney has not commented at length about the case, but has said she is waiting to prove her innocence.

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